Note: The following translation is only a good will to visitors (contract partners). The German version is binding!
The contract is valid when the room is ordered and confirmed or if confirmation was not provided due to time constraints but room is reserved. The conclusion of the accommodation contract obligates the contractor to fulfill the contract, irrespective of the period for which the contract is completed.
2. Compensation for damages
The innkeeper (owner) is obliged to pay compensation to the guest in case of non-availability of the room.
The customer is bond to pay the agreed or usual prices of the contractual services (less the expenses saved by the hotel) in case of not using it. The savings according to experiences are 20% of the overnight price without board option, 30% for overnight price with half board and 40% for overnight price with full board. The owner has the right to allocate rooms were possible to avoid losses. Unless not allocated to other persons, the quest has to pay the above mentioned rates for the period of contract.
4. Arrival and departure
Without any other written agreement, check in is not possible before 14:00 clock by the day of arrival, and the room has to be left latest until 11:00 clock the day of departure. The guest is asked to tell his departure the reception until 22:00 clock the day before departure. Reserved rooms must be checked in no later than 18:00 clock the day of arrival. If this has not happened, the hotel can use the room otherwise, unless a later arrival time was agreed upon.
Exclusive place of jurisdiction is the place, Obernburg am Main.
6. Data privacy act
According to the data privacy act, personal data is stored and processed by electronic tools, but will not be passed to any third party.
Not using the contractual services or cancellation of booked hotel rooms
Based on good reasons, normally a good relationship between visitors and hotel owners can be expected. Finally the hospitality is an important part of the hotel and restaurant industry. But from time to time civil disputes cloud this relationship. Often it is not recognized that laws are also applied to the hotel and restaurant industry. Based on that, reserved hotel rooms are not seen as obligated for the visitors, so the following information must be regarded to get a not binding overview in case of cancellation of booked rooms and not using contractual services.
Contract of accommodcation
The contract of accommodcation is based on mixed elements of the tenancy law and at least one other contract type like purchase/service contract. The contract is established through common verbal or written declarations of intentions. The room reservation done by the vistor, represents an offer based on the contract of accommodation.
A binding contract is closed when the reservation was accepted by the Accommodations provider, this is also the case if both partners do not know the details of the contract agreement. The agreement will not fail if both partners define parts of the contract later. The essential content of the contract of accommodations is based on §535 BGB. According to that, the hotel has to provide the agreed room for the whole period of reservation.
The visitor is bound to pay the agreed room rate. The contract of accommodation has to be treated like any other contract of civil law. If not declared otherwise in the contract or general terms and conditions, the contract of accommodation can not be dissolved by only one partner. Completely independent from the time and reason, there is no right for cancellation of an existing reservation.
The booked and provided room has to be paid according to §535 Satz 2 BGB. The payment in case of not using the contractual service is called cancellation charge.
If not otherwise defined through contract or general terms and conditions, cancellation charge is not a penalty for cancellation of the hotel room. The cancellation charge consist of the room rates less the saved expenses through the hotel. Not used operating costs, e.g. for service or providing bedclothes can be reduced calculated according to §552 Satz 2 BGB. The amount of saved expenses is calculated individually. The hotel owner can calculate the benefits that would come up with a new visitor. A general obligation for searching an alternative visitor does not exist, in case of not using the contractual service. But the hotel owner must accept other visitors.